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 Bill Status of HB2354  100th General Assembly


Short Description:  LETHAL ORDER OF PROTECTION

House Sponsors
Rep. Kathleen Willis - Peter Breen - Laura Fine - Steven Reick - Robyn Gabel, Justin Slaughter, Scott Drury, Sonya M. Harper, Litesa E. Wallace, Will Guzzardi, Theresa Mah, Jaime M. Andrade, Jr., Sara Feigenholtz, Daniel J. Burke, Deb Conroy, Ann M. Williams, Kelly M. Cassidy, Kelly M. Burke, William Davis, Anna Moeller, Christian L. Mitchell, Emanuel Chris Welch, Al Riley, Barbara Flynn Currie, Cynthia Soto, Gregory Harris, Elizabeth Hernandez, Michelle Mussman, Lou Lang, Camille Y. Lilly, John Connor, Juliana Stratton, Carol Ammons, Jonathan Carroll, Linda Chapa LaVia, Nicholas K Smith, David S. Olsen, Marcus C. Evans, Jr., Mark Batinick, Grant Wehrli, Steven A. Andersson, Stephanie A. Kifowit, David Harris, Natalie A. Manley, John C. D'Amico and Luis Arroyo

Senate Sponsors
(Sen. Julie A. Morrison - Melinda Bush - Jacqueline Y. Collins - Kwame Raoul - Elgie R. Sims, Jr., Heather A. Steans, Laura M. Murphy, Terry Link, Iris Y. Martinez, Kimberly A. Lightford and Chris Nybo)

Last Action
DateChamber Action
  5/30/2018HousePassed Both Houses

Statutes Amended In Order of Appearance
New Act
430 ILCS 65/8.2
430 ILCS 66/70


Synopsis As Introduced
Creates the Lethal Violence Order of Protection Act. Provides that a petitioner may request an emergency lethal violence order of protection by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.

 Fiscal Note (Admin Office of the Illinois Courts)
 This legislation would have no fiscal impact on the State appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.

 Fiscal Note (Illinois State Police)
 The fiscal impact of this legislation is difficult to determine. Depending on the volume of Lethal Violence Orders of Protection additional Firearms Eligibility Analysts (FEAs) may be needed to process these orders and deny/revoke Firearm Owner's Identification (FOID) Cards and concealed carry licenses. The Illinois State Police currently processes approximately 930 FOID card revocations per month. The average cost for an FEA is $101,598 annually. Additionally, any identified need for FEAs will require an increase to the Department's authorized headcount.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 This legislation does not create a State mandate.

House Floor Amendment No. 2
Adds reference to:
430 ILCS 65/8.3 new

Replaces everything after the enacting clause. Creates the Firearms Restraining Order Act. Provides that a petitioner may request an emergency firearms restraining order by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a firearms restraining order. Provides for the issuance of ex parte orders and 6-month orders. Provides that if the court issues the order, the respondent must: (1) refrain from having in his or her custody or control, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Provides that a respondent whose Firearm Owner's Identification Card has been revoked may petition the court to transfer the respondent's firearm to a person who is lawfully able to possess the firearm if the person does not reside at the same address as the respondent. Provides that notice of the petition shall be served upon the person protected by the firearms restraining order. Provides that if a person other than the respondent claims title to any firearms surrendered under this provision, he or she may petition the court, if the petitioner is present in court or has notice of the petition, to have the firearm returned to him or her. Provides that if the court determines that person to be the lawful owner of the firearm, the firearm shall be returned to him or her, provided that: (1) the firearm is removed from the respondent's custody, control, or possession and the lawful owner agrees to store the firearm in a manner such that the respondent does not have access to or control of the firearm; and (2) the firearm is not otherwise unlawfully possessed by the owner. Provides that the person petitioning for the return of his or her firearm must swear or affirm by affidavit that he or she: (1) is the lawful owner of the firearm; (2) shall not transfer the firearm to the respondent; and (3) will store the firearm in a manner that the respondent does not have access to or control of the firearm. Establishes factors for renewing and terminating firearms restraining orders. Provides that if the court denies issuance of a firearms restraining order against the respondent, all records of the proceeding shall be immediately expunged from the court records. Provides that if the firearms restraining order is granted, all records of the proceeding shall, 3 years after the expiration of the order, be sealed. Provides that any act of omission or commission by any law enforcement officer acting in good faith in rendering emergency assistance or otherwise enforcing this Act shall not impose civil liability upon the law enforcement officer or his or her supervisor or employer, unless the act is a result of willful or wanton misconduct. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.

Actions 
DateChamber Action
  2/2/2017HouseFiled with the Clerk by Rep. Kathleen Willis
  2/3/2017HouseFirst Reading
  2/3/2017HouseReferred to Rules Committee
  2/9/2017HouseAdded Co-Sponsor Rep. Justin Slaughter
  2/9/2017HouseAdded Co-Sponsor Rep. Scott Drury
  2/9/2017HouseAdded Co-Sponsor Rep. Sonya M. Harper
  2/9/2017HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  2/9/2017HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/9/2017HouseAdded Co-Sponsor Rep. Theresa Mah
  2/9/2017HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  2/9/2017HouseAdded Chief Co-Sponsor Rep. Michelle Mussman
  2/9/2017HouseAdded Chief Co-Sponsor Rep. Laura Fine
  2/9/2017HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  2/9/2017HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  2/9/2017HouseRemove Chief Co-Sponsor Rep. Michelle Mussman
  2/14/2017HouseAssigned to Judiciary - Criminal Committee
  2/23/2017HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  2/23/2017HouseAdded Co-Sponsor Rep. Daniel J. Burke
  2/23/2017HouseAdded Co-Sponsor Rep. Deb Conroy
  2/23/2017HouseAdded Co-Sponsor Rep. Ann M. Williams
  2/23/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  2/23/2017HouseAdded Co-Sponsor Rep. Kelly M. Burke
  2/23/2017HouseAdded Co-Sponsor Rep. William Davis
  2/23/2017HouseAdded Co-Sponsor Rep. Anna Moeller
  2/23/2017HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  2/23/2017HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  2/28/2017HouseAdded Co-Sponsor Rep. Al Riley
  3/8/2017HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  3/8/2017HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/8/2017HouseAdded Co-Sponsor Rep. Gregory Harris
  3/8/2017HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/14/2017HouseDo Pass / Short Debate Judiciary - Criminal Committee; 008-004-000
  3/15/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/15/2017HouseFiscal Note Requested by Rep. David B. Reis
  3/15/2017HouseState Mandates Fiscal Note Requested by Rep. David B. Reis
  3/15/2017HouseAdded Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
  3/15/2017HouseAdded Co-Sponsor Rep. Michelle Mussman
  3/15/2017HouseAdded Co-Sponsor Rep. Lou Lang
  3/20/2017HouseFiscal Note Filed
  3/20/2017HouseFiscal Note Filed
  3/21/2017HouseState Mandates Fiscal Note Filed
  3/21/2017HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/23/2017HouseSecond Reading - Short Debate
  3/23/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/28/2017HouseRule 19(a) / Re-referred to Rules Committee
  1/30/2018HouseApproved for Consideration Rules Committee; 004-000-000
  1/30/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/27/2018HouseAdded Co-Sponsor Rep. John Connor
  2/28/2018HouseAdded Co-Sponsor Rep. Juliana Stratton
  4/3/2018HouseAdded Co-Sponsor Rep. Carol Ammons
  4/3/2018HouseAdded Co-Sponsor Rep. Jonathan Carroll
  4/6/2018HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/23/2018HouseAdded Co-Sponsor Rep. Nicholas K Smith
  4/26/2018HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kathleen Willis
  4/26/2018HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/26/2018HouseChief Co-Sponsor Changed to Rep. Peter Breen
  4/26/2018HouseChief Co-Sponsor Changed to Rep. Peter Breen
  4/26/2018HouseChief Co-Sponsor Changed to Rep. Steven Reick
  4/26/2018HouseAdded Co-Sponsor Rep. David S. Olsen
  4/26/2018HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/27/2018HouseRule 19(a) / Re-referred to Rules Committee
  5/8/2018HouseApproved for Consideration Rules Committee; 004-000-000
  5/8/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/8/2018HouseFinal Action Deadline Extended-9(b) May 25, 2018
  5/8/2018HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  5/9/2018HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kathleen Willis
  5/9/2018HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/10/2018HouseAdded Co-Sponsor Rep. Mark Batinick
  5/10/2018HouseAdded Co-Sponsor Rep. Grant Wehrli
  5/10/2018HouseAdded Co-Sponsor Rep. Steven A. Andersson
  5/10/2018HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  5/14/2018HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  5/15/2018HouseAdded Co-Sponsor Rep. David Harris
  5/17/2018HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 012-000-000
  5/18/2018HouseAdded Co-Sponsor Rep. Natalie A. Manley
  5/18/2018HouseFinal Action Deadline Extended-9(b) May 25, 2018
  5/23/2018HouseRecalled to Second Reading - Short Debate
  5/23/2018HouseHouse Floor Amendment No. 2 Adopted
  5/23/2018HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/23/2018HouseThird Reading - Short Debate - Passed 080-032-001
  5/23/2018HouseHouse Floor Amendment No. 1 Tabled Pursuant to Rule 40
  5/23/2018HouseAdded Co-Sponsor Rep. John C. D'Amico
  5/23/2018HouseAdded Co-Sponsor Rep. Luis Arroyo
  5/23/2018SenateArrive in Senate
  5/23/2018SenatePlaced on Calendar Order of First Reading
  5/23/2018SenateChief Senate Sponsor Sen. Julie A. Morrison
  5/23/2018SenateFirst Reading
  5/23/2018SenateReferred to Assignments
  5/25/2018SenateAdded as Alternate Co-Sponsor Sen. Heather A. Steans
  5/25/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Melinda Bush
  5/25/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/25/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Kwame Raoul
  5/25/2018SenateAdded as Alternate Chief Co-Sponsor Sen. Elgie R. Sims, Jr.
  5/25/2018SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/25/2018SenateAdded as Alternate Co-Sponsor Sen. Terry Link
  5/25/2018SenateAdded as Alternate Co-Sponsor Sen. Iris Y. Martinez
  5/25/2018SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/25/2018SenateRule 2-10 Committee/3rd Reading Deadline Established As May 31, 2018
  5/25/2018SenateAssigned to Judiciary
  5/28/2018SenateWaive Posting Notice
  5/29/2018SenateDo Pass Judiciary; 009-003-000
  5/29/2018SenatePlaced on Calendar Order of 2nd Reading
  5/29/2018SenateSecond Reading
  5/29/2018SenatePlaced on Calendar Order of 3rd Reading May 30, 2018
  5/29/2018SenateAdded as Alternate Co-Sponsor Sen. Chris Nybo
  5/30/2018SenateThird Reading - Passed; 043-011-000
  5/30/2018HousePassed Both Houses

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